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U & S Policy - title
Nottinghamshire County Council logo DAAT - Nottinghamshire County Drug and Alcohol Action Team
Sunday 20 May 2012

10. Drugs and the Law - Managing Substance Use Related Incidents and Situations

Much of the public fear around drug misuse is centred on illegal substances. The following section of the Quick Read Version outlines the guidance the U&S main Policy gives relating to the management of illegal substances and substance related incidents.

Misuse of Drugs Act 1971

Penalties:

Class Possession Supply
A 7 years imprisonment OR a fine OR both Life imprisonment OR a fine OR both
B 5 years imprisonment OR a fine OR both 14 years imprisonment OR a fine OR both
C 2 years imprisonment OR a fine OR both 5 years imprisonment OR a fine OR both

Classification:

*Any Class B substance drug prepared for injection is Class A
A B C
MDMA (Ecstasy) Amphetamine* Temazepan
Cocaine Cannabis Diazepan (most)
Crack Cocaine Barbituates Anabolic Steroids
Heroin   Valium
Morphine   GHB
Methadone    
LSD    
Processed Magic Mushrooms    
Cannabis Oil    
The policy makes it clear that workers should also be aware of the legal and social problems posed by well known and readily available substances such as tobacco, alcohol, solvents, volatile substances, prescription and over the counter medication. The U&S policy also gives legal guidance on the law relating to the management of incidents and disposal of all of these substances as well as guidance on disposal of substance use paraphernalia.

10.1. Managing Substance Use Related Incidents and Situations:

All workers should prioritise personal safety issues, conduct risk assessments and work within the legal framework when working within premises, or away from premises, and consult their Line Managers (Foster Carers need to consult their Supervising Social Worker and the child's Social Worker). For case study examples of possession and supply see U&S Policy Appendix 5.

10.2. Work within Premises:

Immediate action in a controlled and open manner must be taken to stop the following activities on premises owned, managed or used by agencies across Nottinghamshire:
  • The use of illegal substances, tobacco, alcohol or volatile substances (including solvents) on premises
  • The production or supply of any illegal substance or alcohol on those premises
  • The illegal supply of tobacco, volatile substances, prescription and over the counter medicines on those premises.

Recommended Action:

10.3. Recommended Action Checklist:

If illegal substances are discovered on the premises, in the possession of a person or handed over by a child, young person or worker:
  • Check there is no immediate medical emergency or danger and all children and young people are safe
  • An appropriate adult witness is necessary immediately. This is essential to prevent accusations at a later stage, in relation to the quantity of substance seized or confiscated.
The child or young person’s name does not need to be identified to the Police unless:
'Supply' of illegal substance is suspected or information is relevant to Police enquiries or child protection
'Possession' is persistent and has been challenged, (a maximum of three warnings have been given)
Information is relevant to police enquiries or child protection (See U&S Policy Appendix 5).
  • Place the substance in a bag and secure
  • Label with the details of the content and date. Sign and countersign by witness
  • Store confiscated / found bagged substance immediately in a "safe place" ( see terms). Where possible, agree the location of the "safe place" in advance with Line Manager and Police
  • Contact the Police as soon as possible.
    Describe what you have found and where it is stored. Record name and number of the Officer contacted.
    Agree collection procedure with the Officer contacted.
    Police Officer to sign to confirm their receipt of substance.
  • Recording of Confiscation or Discovery:
    Record on an Incident Form (see U&S policy Appendix 6) as soon as possible; where found, date, name and number of Police Officer, arrangements for collection, description of substance, names of both adults, sign and countersign.
Recording of Substance Related Situation or Incident:
Record on incident form (see U&S policy Appendix 6), as soon as possible, the names of both adults, description of events, where the situation occurred, date, time and any other significant features of the event. Clearly state how the situation was challenged. Clearly state any ongoing monitoring and / or follow up plan including referrals to other services – sign and countersign.
Note: Ensure all entries are discussed and countersigned by Line Manager as soon as possible. (Foster Carers should consult their Supervising Social Worker and the child's Social Worker).
Note: Workers should be confident that information is accurate.

10.4. Outreach, Detached, Street Work and any Work
conducted away from Base Premises:

Checklist:

For Work Conducted away from Base Premises:
  • All work away from premises should be undertaken in pairs
  • Leave details of planned work session with base or Line Manager (including estimated start and end times, venues etc.)
  • For personal safety the Police need to be informed at the earliest possible moment that you are in possession of any illegal substance
  • Where possible agree in advance with Line Manager a "Safe place" ( see terms section) for storing confiscated or found substances. This could be in the boot of car / mobile unit, or as negotiated with the Police
  • Consider informing the local Police Officer of the area in which you are about to work to maximise the potential for targeted partnership work.
Toolkit:
  • Identity Card (should have expiry date, contact number, photograph, job title, signature)
  • Mobile phone or access to mobile phone
  • List of emergency contact numbers (programmed into phone)
  • Torch
  • Pen and paper for written recordings
  • Plastic bag which can be sealed and labelled.
If illegal substances are discovered while working away from base premises, or handed over by a child or young person or worker:
Recommended Action: see both action check lists for managing substance use related situations and incidents, and centre based work.
Note: This Section does not apply to foster carers who are taking children and young people out as part of family life.
Workers should consult their service policy on health and safety and also legal issues alongside this section.